[2016] KEKC 32 (KLR)
The court found that the deceased, Mahmood Abdulla Mahmood, was not survived by any children and was survived only by his two sisters, Fatima and Nafisa Abdulla Mahmood. The properties in question, though registered in the deceased's name, were established to beneficially belong to Fatima Abdulla Mahmood, likely due...
Source-derived case information.
- Citation
- [2016] KEKC 32 (KLR)
- Parties
- Applicant: Nafisa Abdulla Mahmood; Respondent: Fatima Abdulla Mahmood
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 83 of 2016
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- petition allowed; properties vested in Fatima Abdulla Mahmood absolutely
- Judges
- AH Athman
- Legal Topics
- Succession of Estates, Inheritance Rights, Distribution of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nafisa Abdulla Mahmood
Applicant
Fatima Abdulla Mahmood
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 What constitutes the estate of the deceased.
- 2 Whether the properties registered in the deceased's name can be transferred to Fatima Abdulla Mahmood.
Ratio Decidendi
The court found that the deceased, Mahmood Abdulla Mahmood, was not survived by any children and was survived only by his two sisters, Fatima and Nafisa Abdulla Mahmood. The properties in question, though registered in the deceased's name, were established to beneficially belong to Fatima Abdulla Mahmood, likely due to her residence outside the country. Nafisa Abdulla Mahmood, the petitioner, expressly stated she had no objection to the properties being vested in Fatima. As there were no other heirs or objections, and the properties were not available for distribution among other heirs, the court held that Fatima Abdulla Mahmood was entitled to the entire estate. The court ordered that...
Court Disposition
petition allowed; properties vested in Fatima Abdulla Mahmood absolutely
Orders
- The properties registered in the name of Mahmood Abdulla Mahmood are vested absolutely in Fatima Abdulla Mahmood.
- Registrar of Titles to effect transmission of the properties to Fatima Abdulla Mahmood.
Full Case Text
Judgment text and source record
21 paragraphs
In re estate of Mahmood Abdulla Mahmood (Deceased) (Succession Cause 83 of 2016) [2016] KEKC 32 (KLR) (18 August 2016) (Judgment)
In re estate of Mahmood Abdulla Mahmood [2016] eKLR
Neutral citation: [2016] KEKC 32 (KLR)
Republic of Kenya
In the Kadhis Court at Mombasa
Succession Cause 83 of 2016
AH Athman, PK
August 18, 2016
IN THE MATTER OF THE ESTATE OF MAHMOOD ABDULLA MAHMO0D DECEASED
In the matter of
Nafisa Abdulla Mahmood
Petitioner
Judgment
1. In this succession matter, the petitioner prays for a declaration that the three beneficiaries are the only heirs of the deceased herein.
2. The petitioner was represented by the firm of A.O.Hamza Co. advocates.
3. The petitioner claimed the late Mahmood Abdullah Mahmood left four properties in Mombasa registered in his name but belonging to his sister Fatima. She claims he was not survived by any child.The matter is not contested.
4. The late Mahmoud Abdulla Mahmood died at Mombasa Hospital on August 7, 2008 of diabetes.IssuesThe issues for determination in this matter are:1. What constitutes the estate2. Whether or not the properties can be transferred to Fatima Abdulla Mahmood.
Estate 5. Upon reading the petition and examination of the documents for the properties, the following properties are leasehold certificates and titled deed registered in the names of Mahmood Abdulla Mahmood:1. Flat No B5 2nd Floor on Plot No MSA/ Block xx/ xx, xx,& xx2. Flat No B6 2nd Floor on Plot No MSA/ Block xx/ xx, xx,& xx3. Mombasa / Block xxx/xx
Heirs 6. The late Mahmood Abdulla Mahmood was not survived by any children. He was survived by his two sisters Fatima and Nafisa Abdulla Mahmood. They would be entitled to the entire estate. However the petitioner states the properties were only registered in the name of the deceased brother but actually belonged to their sister Fatima Abdulla Mahmood probably because she lives out of the country. Nafisa has an interest in half of the properties if it were available for distribution. She has no objection for the properties to be issued to her sister Fatima. Accordingly the properties are not available for distribution.
7. Fatima Abdulla is entitled to the entire estate in this matter. The properties be and are hereby vested in Fatima Abdulla Mahmood absolutely. Registrar of title to effect transmission accordingly.The estate vests in the heirs in their respective shares.The District lands Registrar to transmit estate to heirs accordingly.Orders accordingly
DATED AND DELIVERED AT MOMBASA ON 18TH AUGUST 2016ABDULHALIM H. ATHMANPRINCIPAL KADHIIn the presence of:Mr. Yusuf K. Abdulrahman, Court assistantMr. A.O. Hamza for Petitioner.